1. Establishing Penalties for Sea Grass Damage
This proposal would create a noncriminal infraction for damaging sea grasses due to careless operation of a boat that results in sea grass scarring and vessel grounding in saltwater aquatic preserves. Increased fines are also established for repeat offenders. This proposal was part of the FWC's legislative package that passed during the 2008 Session; however, the bill, HB 7059, was vetoed for an issue unrelated to this proposal. The Boating Advisory Council supports this issue. 2. Confiscation and Disposition of Illegally taken Wildlife, Freshwater Fish and Saltwater Fish
This proposal would clarify and provide consistency in the confiscation and disposition of evidence in saltwater fish, freshwater fish, and wildlife cases. It specifies how such evidence should be photographed and handled so that the photograph may be used as evidence in court, rather than the fish or wildlife. This proposal was part of FWC's legislative package that passed during the 2008 Session, however, the bill, HB 7059, was vetoed for an issue unrelated to this proposal. 3. Boating Safety Education
This proposal would modify Florida's mandatory boating safety education law for anyone operating a motorboat powered by 10 horsepower or more. It would establish a 10-year phase-in period for every vessel operator to pass a basic boating safety course. An exemption would be authorized for those operating a vessel within the first 30 days of purchase, if they have the bill of sale. An exemption from the $2 fee, which is already established in law, would be authorized for governmental employees who are required to take the course as a condition of employment. The Boating Advisory Council supports this issue. At the Commission meeting, staff was directed to look at requiring this provision for operating a boat, with or without a motor. 4. Personal Flotation Devices
This proposal would change the age of persons required to wear a life jacket/personal flotation device (PFD) on a vessel less than 26 feet from under 6 years of age to under 13 years of age. The proposal would parallel the recreational federal regulations and create a safer boating experience for children. The Boating Advisory Council supports this issue. 5. Vessel Management ? Status Report
This issue will seek legislative solutions to issues relating to vessel management and statutory cleanup of certain parts of Chapter 327 F.S. Vessel management issues include: creating a pilot program at several locations in Florida to test various anchoring/mooring restrictions; modifying signage requirements for inland waterways; codifying a District Court of Appeals ruling pertaining to local boating restricted areas; and clarifying vessel registration requirements. The Boating Advisory Council supports this issue. 6. Boating Safety/Illegal Transportation of Excessive Fuel on the Water
This proposal prohibits the transporting of large amounts of fuel on the water. The Florida Fish and Wildlife Conservation Commission (FWC) and its federal, county and local marine law enforcement partners have observed a uniquely hazardous condition within the State of Florida. Specifically, there is a significant increase in the number of vessels transporting excessive amounts of fuel, which dramatically jeopardizes the safety of citizens and visitors on Florida's waterways. Vessels transporting excessive fuel could result in an extremely volatile explosive threat to the lives and safety of citizens in and around them, and the discharge of containers represent a threat to precious natural resources. Although current law, s. 316.80, F.S., prohibits illegal transport of fuel over the highways, and s. 330.440, F.S. prohibits aircraft from carrying fuel in unapproved containers, there is currently no state (or federal) statute that prevents this from happening on the water. This proposal mitigates this risk on the water. 7. Boating Under the Influence
This proposal makes Boating Under the Influence (BUI) violations/penalties consistent with laws related to Driving Under the Influence (DUI). Specifically, the blood alcohol level would be lowered from 0.20 or more to 0.15 or more to trigger enhanced penalties when charged with a BUI. All other BUI/DUI thresholds are consistent. Historically, DUI and BUI violations/penalties have been consistent. During the 2008 Session, the DUI threshold for enhanced penalties was changed, but the BUI statute was not. This proposal would make the two consistent for all violations and penalties. 8. Spiny Lobster Trap Certificate Program
This legislative proposal would reduce the time from three years to two years that spiny lobster trap certificates, for which the annual certificate fee is not paid, would be considered abandoned and revert back to the State. It is estimated that less than 1500 certificates will be reverted each year - from fishers who are not likely actively participating in the fishery - and will help reduce the number of traps allowed on the water. This issue was recommended by the Lobster Advisory Board. 9. Repeal sunset provision for commercial blue crab license fees and penalties.
The 2007 Legislature approved commercial blue crab license fees and penalties for violating laws pertaining to the commercial blue crab fishery. The legislation authorized the sunset of those fees and penalties unless the Legislature reenacts them during the 2009 Session. This issue reenacts those license fees and penalty provisions. Top of page 10. Repeal Shoreline Exemption
This issue repeals the shoreline exemption authorized for Florida residents to fish from the saltwater shoreline or a structure fixed to the land. This issue is offered so that Florida's anglers, who fish in federal waters or who fish for anadromous species, will be exempt from the federal saltwater fishing registration requirement that will go into effect January 2010. Those issued a Medicaid card, and who have proof of identification, would retain the exemption. 11. Alligator Agent Issues
This proposal allows alligator agents to work with additional alligator trappers or farmers, and allows alligator agents to possess, process, or sell hides and meat. Currently, alligator trappers and alligator farmers can have "agents" work with them if an agent license is obtained ($50 fee). The agent, however, may only work with the farmer or trapper specified on the agent trapping license or agent farming license. This issue would allow a trapping agent to work with any licensed alligator trapper and a farming agent to work with any licensed alligator farmer. It also provides consistency in statutory language pertaining to the authorities of alligator trappers and farmers. 12. Invasive Plant Management Issues
This proposal completes the 2008 Legislature's transfer of the Bureau of Invasive Plant Management (Bureau) from the Department of Environmental Protection (DEP) to the Fish and Wildlife Conservation Commission (FWC). It provides a Type Two transfer of the Bureau from DEP to FWC, establishes the Invasive Plant Control Trust Fund within FWC, clarifies that the Board of Trustees of the Internal Improvement Trust Fund (Trustees) may delegate to FWC the authority to take final agency action on sovereign submerged lands for aquatic plant management activities, and establishes judicial and administrative remedies for violations of the aquatic plant management permitting program. 13. State Bird
This proposal would change the designation of Florida's state bird from the Northern mockingbird to the osprey, a bird that better represents the uniqueness of Florida. The proposed new State bird was chosen by Florida's 4th ? 8th graders in an on-line election, November 4, 2008, Election Day. 14. Chapter 379 Glitch Issues
This issue proposes clean-up or "glitch" changes to Chapter 379, F.S. Chapter 379 was created in the 2008 Session by combining Chapter 370, F.S., saltwater fisheries, and Chapter 372, F.S., wildlife and freshwater fisheries. None of the changes are substantive; rather, they correct mistakes that were made in combining the two former chapters. 15. Increase price for the Save the Manatee specialty license plate.
The current price of the Save the Manatee specialty license plate tag is $20. This proposal would increase the price to $25, which is the most common price for the environmental specialty license plates. The increased revenues would be used for manatee programs. 16. Increase price for the Conserve Wildlife specialty license plate.
The current price of the Conserve Wildlife (bear) specialty license plate tag is $15. This proposal would increase the price to $25, which is the most common price for the environmental specialty license plates. The increased revenues would be used for fish and wildlife programs. 17. Increase fee for title issued to a vehicle that was previously registered outside of Florida.
Currently, $4 is assessed above the normal $24 fee for each original title issued for a vehicle that was previously registered outside of Florida. The $4 is directed to the Commission's Non-Game Wildlife Trust Fund. Declining revenues from title fees (and speeding fines) forced $930,000 in cutbacks in non-game programs in 2007-08. This proposal increases the fee directed to the Commission to $10, which would generate an estimated additional $3.2 million. Top of page | 
